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Important
Note:
Forms are to be used as a guide only to assist you. No liability is assumed for errors in substance or form. It is your responsibility to revise the forms to meet current law
requirements and your particular situation. No liability is assumed for improper use of these forms.
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Employment
Contracts
EMPLOYMENT
AGREEMENT
This Agreement
made and entered into this ______ day of ____________________,
19_____, by and
between _______________, of ____________________, hereinafter referred to
as
"employer", and ___________________, of _______________________,
hereinafter referred
to as
"employee".
The parties
recite that:
A. Employer is
engaged in ______________________ and maintains business premises
at
________________________.
B. Employee is
willing to be employed by employer, and employer is willing to employ
employee, on the
terms and conditions hereinafter set forth.
For the reasons
set forth above, and in consideration of the mutual covenants and
promises of the
parties hereto, employer and employee covenant and agree as follows:
1.AGREEMENT TO
EMPLOY AND BE EMPLOYED
Employer hereby
employs employee as _________________ at the above-mentioned
premises, and
employee hereby accepts and agrees to such employment.
2. DESCRIPTION
OF EMPLOYEE'S DUTIES
Subject to the
supervision and pursuant to the orders, advice, and direction of employer,
employee shall
perform such duties as are customarily performed by one holding such position in
other businesses
or enterprises of the same or similar nature as that engaged in by employer.
Employee shall
additionally render such other and unrelated services and duties as may be
assigned to him
from time to time by employer.
3. MANNER OF
PERFORMANCE OF EMPLOYEE'S DUTIES
Employee shall
at all times faithfully, industriously, and to the best of his ability,
experience,
and talent,
perform all duties that may be required of and from him pursuant to the express
and
implicit terms
hereof, to the reasonable satisfaction of employer. Such duties shall be
rendered at
the
abovementioned premises and at such other place or places as employer shall in
good faith
require or as
the interests, needs, business, and opportunities of employer
shall require or
make advisable.
4. DURATION OF
EMPLOYMENT
The term of
employment shall be ______ years, commencing on _________________,
19_____, and
terminating _________________, 19_____, subject, however, to prior termination
as provided in
Sections 8 and 9 hereof.
5. COMPENSATION;
REIMBURSEMENT
Employer shall
pay employee and employee agrees to accept from employer, in full
payment for
employee's services hereunder, compensation at the rate of ____________ Dollars
($________) per
annum, payable __________. In addition to the foregoing, employer
will reimburse
employee for any and all necessary, customary, and usual expenses incurred by
him
while traveling
for and on behalf of the employer pursuant to employer's directions.
6. EMPLOYEE'S
LOYALTY TO EMPLOYER'S INTERESTS
Employee shall
devote all of his time, attention, knowledge, and skill solely and exclusively
to the business
and interests of employer, and employer shall be entitled to all benefits,
emoluments,
profits, or other issues arising from or incident to any and all work, services,
and
advice of
employee. Employee expressly agrees that during the term hereof he will not be
interested,
directly or indirectly, in any form, fashion, or manner, as partner, officer,
director,
stockholder,
advisor, employee, or in any other form or capacity, in any other business
similar to
employer's business or any allied trade, except that nothing herein contained
shall be
deemed to
prevent or limit the right of employee to invest any of his surplus funds in the
capital
stock or other
securities of any corporation whose stock or securities are publicly owned or
are
regularly traded
on any public exchange, nor shall anything herein contained by deemed to prevent
employee from
investing or limit employee's right to invest his surplus funds in real estate.
7. NONDISCLOSURE
OF INFORMATION CONCERNING BUSINESS
Employee will
not at any time, in any fashion, form, or manner, either directly or indirectly
divulge,
disclose, or communicate to any person, firm, or corporation in any manner
whatsoever any
information of any kind, nature, or description concerning any matters affecting
or
relating to the
business of employer, including, without limitation, the names of any its
customers,
the prices it
obtains or has obtained, or at which it sells or has sold its products, or any
other
information
concerning the business of employer, its manner of operation, or its plans,
processes, or
other date of any kind, nature, or description without regard to whether any or
all of
the foregoing
matters would be deemed confidential, material, or important.
The parties
hereby stipulate that, as between them, the foregoing matters are important,
material, and
confidential, and gravely affect the effective and successful conduct of the
business
of employer, and
its good will, and that any breach of the terms of this section is a material
breach
of this
agreement.
8. OPTION TO
TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE
Notwithstanding
anything in this agreement to the contrary, employer is hereby given the
option to
terminate this agreement in the event that during the term hereof employee shall
become
permanently
disabled, as the term "permanently disabled" is hereinafter fixed and
defined. Such
option shall be
exercised by employer giving notice to employee by registered mail, addressed to
him in care of
employer at the above stated address, or at such other address as employee shall
designate in
writing, of its intention to terminate this agreement on the last day of the
month during
which such
notice is mailed. On the giving of such notice this agreement and the term
hereof shall
cease and come
to an end on the last day of the month in which the notice is mailed, with the
same
force and effect
as if such last day of the month were the date originally set forth as the
termination
date. For
purposes of this agreement, employee shall be deemed to have become permanently
disabled if,
during any year of the term hereof, because of ill health, physical or mental
disability, or
for other causes
beyond his control, he shall have been continuously unable or unwilling or have
failed to
perform his duties hereunder for thirty (30)
consecutive
days, or if, during any year of the term hereof, he shall have been unable or
unwilling or
have failed to
perform his duties for a total period of thirty (30) days, whether consecutive
or not.
For the purposes
hereof, the term "any year of the term hereof" is defined to mean any
period of 12
calendar months
commencing on the first day of _____________ and terminating on the last day of
___________ of
the following year during the term hereof.
9.
DISCONTINUANCE OF BUSINESS AS TERMINATION OF EMPLOYMENT
10. EMPLOYEE'S
COMMITMENTS BINDING
ON EMPLOYER ONLY
ON WRITTEN CONSENT
Employee shall
not have the right to make any contracts or other commitments for or on
behalf of
employer within the written consent of employer.
11. CONTRACT
TERMS TO BE EXCLUSIVE
This written
agreement contains the sole and entire agreement between the parties, and
supersedes any
and all other agreements between them. The parties acknowledge and agree that
neither of them
has made any representation with respect to the subject matter of this agreement
or
any
representations inducing the execution and delivery hereof except such
representations as are
specifically set
forth herein, and each party acknowledges that he or it has relied on his or its
own
judgment in
entering into the agreement. The parties further acknowledge that any statements
or
representations
that may have heretofore been made by either of them to the other are void and
of
no effect and
that neither of them has relied thereon in connection with his or its dealings
with the
other.
12. WAIVER OR
MODIFICATION INEFFECTIVE UNLESS IN WRITING
No waiver or
modification of this agreement or of any covenant, condition, or limitation
herein contained
shall be valid unless in writing and duly executed by the party to be charged
therewith.
Furthermore, no evidence of any waiver or modification shall be offered or
received in
evidence in any
proceeding, arbitration, or litigation between the parties arising out of or
affecting
this agreement,
or the rights or obligations of any party hereunder, unless such waiver or
modification is
in writing, duly executed as aforesaid. The provisions of this paragraph may not
be
waived except as
herein set forth.
13. CONTRACT
GOVERNED BY LAW
This agreement
and performance hereunder and all suits and special proceedings
hereunder shall
be construed in accordance with the laws of the State of ________________.
14. BINDING
EFFECT OF AGREEMENT
This agreement
shall be binding on and inure to the benefit of the respective parties and
their respective
heirs, legal representatives, successors, and assigns.
Executed on the
date first above written.
"Employer"
_____________________________
"Employee"
Anything herein
contained to the contrary notwithstanding, in the event that employer shall
discontinue
operations at the premises mentioned above, then this agreement shall cease and
terminate as of
the last day of the month in which operations cease with the same force and
effect
as if such last
day of the month were originally set forth as the termination date hereof.
_____________________________
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